Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-27
APPLICATION FOR PATENT.

~ - - @8 49, .
APPLICATION FOR PATENT.
Where papers have once been filed with the
Register snd receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Geo
eral Land ONCE.
An application will be rejected when the
scription OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected be.
cause:
First The notice was published without the
knowledge of the Register.
Second-The notice was not published in Q
new paper designated as published nearest the
claim.
Third-Rocord title was found defective,
and
Fourth--A previous application had been
made Tor the same premises, which was with.
drawn pending . suit in Court commenced by
| the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
| boundaries OF the claim.
Where the claim was not located In sccord-
| ance with Law.
Where several parties own separate and dis
tinct portions Of 9 claim. application for
patent may be made by either for tnst portion
OF the claim owned by hiul but where so.eral
parties own undivided interests In . mining
claim all should join in an application for .
patent.
A person or association may purchase ~
many placer locations as the local law admits,
and embrace them all In one application for D
patent.
Two or more lodes cannot be embraced in
one application for . patent except Tor placer
claims embracing two or more loAss within
their boundaries
Papers sworn 10 before any person pufport-
Ing to act as o deputy for the Register and Re-
ceiver cannot DO recorded % evidences.
In all patents for mining claims situated
within the interior boundaries Of 8 town site
. clause IL ins erted excepting and excluding
sl town property, rights upon the surface,
and all houses. buildings, structures, lots,
blocks, streets, alleys or other municipal I'm
provements not belonging to the srantee here
In. and all rights necessary or proper TO the
occupation, possession and enjoyment OF the
same"
Publication of notice must be inside q only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers so days must elapse betweeu7the
first and last insertions.
Where the Register designates the daily issue
Of Q newspaper for publication OF notices Of q
mining application for patent IL 10 not . COM
pltance with law TO change 10 the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence OF o salt spring on 9 tract of
land withdraws 1t from the operation VI the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character OF such land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse slain must Ale o separate and
dist net claim against each application which
1t is alleged CONFLICTS with the premises owned
by such adverse c .aimhnt.
The papers In an I'D Verse claim. once filed
cannot be withdraw. but becomes . part OF the
record.
| Wban an edvar.a etst,n h.. 49,, ala
not be amended 50 AZ to embrace u larger per.
ton Of the premises than that described ia the
original adverse claim.
An adverse claim must be made out in
proper form and filed In the proper local OH CO
during the period Of public alton OF the app,i.
cation for the patent to be effective.
IL 10 the duty Of the adverse claimant 0
suit in proper form within the re-
| CURED time, and IL he trusts lhe uncertain
medium of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result Of
the cor rupt or dishonest &C t4oL Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which no bases his adverse
claim. A statement in general terms mbody.
ing conclusions OF law, without stating the
facts specially. Will not be considered IN evil
dence.
An adverse claimant should show q compit.
ance with the local laws In recording his claim
and In regard to expenditures. and shall nle .
copy Of the original notice OF his location. and
show the nature or extent Of the conflict
alleged.
An allegation Of parties 10 9 suit that they
ompose the company 10 suficient. and they
original ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS,
Where land is of little. II any value. for spri.
cultural purposes, but 10 essential to the
proper development Of mining claims. n
should be disposed Of under tho Mining Act.
Where lands containing valuable mineral
deposits have been included In an Agricultural
entry. said entry will be cancelled AZ any time
prior to issuance OF patent. upon satisfactory
evidence OF the existence Of such valusble d..
posts.
Where valuable deposits Of mineral are dis.
covered upon . tract sitter the samt tas been
entered ~ 9 rlcultursl. but before 1 Aent has
been issued. the parties claiming The mine
may make application for patent for same.
and the agricultural entry will be Cancelled l.,
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered ON
Agricultural lands after the patent has been
issued to an Agricultural claimant. they pass
with the patent.
Agricultural College scrip eannos be
ceivod In payment for claims.
ALrRNe.
A foreigner may make q mining location
dispose OF 1t. provided he becomes 4 citizen
before dispostng OF the mine. Proof that the
party was not a citizen before disposing Of hts
claim must be ~sfirmatively showr.
Locators and intermediate owners. other
than applicants. will not be presumed siieps.
In the absence II allegation or objection prior
to issuance OF patent.
The portion Of q mining claim sold 10 an
alien cannot be patented while suoh owner is
an alien; but on his declarationt o become q
citizen his right dates back to his purchase,
aud no may thereupon secure United States
patent for his claim.
CROSS LRDaEs.
Revised Btatutes. Section 2.sS6:
Where two or more lodges cross or intePssct
each other, priority Of title shall govern. and
such prior location shall be entitled to ali ore
or mineral confirmed within the space Of inter.
section. but the subsequent location s,.all have
the right Of way through the spacs Of inter
section Tor the purpose Of the convenient
working or the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union, in.
GLIDING all the space of intersection.
TUNNELS.
There is no authority OF law for q tunnel
l InAAftnn u mn he 4 mn -